20031229_719.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL STAFF
FROM:WELDON STUTZMAN
DATE:DECEMBER 24, 2003
RE:CASE NO. GNR-03-
QWEST'S MOTION TO POSTPONE CASE AND CLOSE DOCKET
The Commission opened this case in response to the Federal Communications
Commission s triennial review order. The FCC found "on a national basis, that competing
carriers are impaired without access to unbundled local circuit switching for mass market
customers " but also recognized that "a more granular analysis may reveal that a particular
market is not subject to impairment in the absence of unbundled local circuit switching." FCC
Triennial Review Order ,;,; 459, 460. The FCC allowed state commissions nine months to
complete a more granular analysis to determine whether incumbent local exchange carriers
would be required to continue to provide local circuit switching as an unbundled network
element to enable competitors to serve residential and small business customers. Verizon
Northwest, Inc. and Qwest Corporation are the ILECs affected by the FCC's order regarding
access to unbundled local circuit switching.
Verizon notified the Commission by letter dated November 14 2003, that "it will not
challenge at this time the FCC's presumption of impairment of unbundled mass market
switching, dedicated transport, or unbundled enterprise market loops." On December 11 , 2003
Qwest filed a Motion to Postpone Mass Market Switching case and close docket. Qwest's
Motion states that by filing the Motion
, "
Qwest has decided not to seek relief at this time from its
current obligation to provide unbundled switching for mass market customers in Idaho." Qwest
asked the Commission to issue an Order to "close this docket or, alternatively, that the
Commission defer indefinitely any action herein.
DECISION MEMORANDUM
By letter dated December 16, 2003, the Staff notified all parties of record and
interested parties of Qwest's Motion , and that the Commission s Rules of Procedure provide an
opportunity to respond to a Motion no later than 14 days after it is filed. No one filed an
objection to Qwest's Motion or otherwise responded to Qwest's Motion to Dismiss the Case.
Because both Verizon and Qwest have stated they will not challenge the FCC's
finding of impairment regarding access to unbundled local circuit switching for mass-market
customers, the Staff supports Staff's Motion. Staff recommends the Commission approve
Qwest's Motion and issue an order to close this case. Should any other issues arise from the
FCC's Triennial Review Order , Staff or other interested parties can request the Commission
open a new docket regarding those issues.
Commission Decision
Should the Commission issue an Order approving Qwest's Motion to close the case?
Weldon Stutzman
Vld/M:GNRTO323
DECISION MEMORANDUM